Most workers are aware that if they are injured on the job, in most cases, their employer’s worker’s compensation insurance will provide compensation for on-the-job injuries of all kinds. However, what some may not know, is that under New York law, a worker cannot sue their employer directly for injuries resulting from an on-the-job accident. When an injury is caused by the fault of the worker himself, a fellow worker of the same employ or by his employer, the worker’s claim is limited to worker’s compensation benefits.

There may however be an additional avenue of compensation where a worker’s injuries, although on the job, have been caused by the fault of some other person, company (including general contractor or property owner) or employee of a sub-contractor. In that case a worker may file a worker’s compensation claim to collect under the Worker’s Compensation Law and make a claim against a third party (Section 29 Workers’ Compensation Law) for a claim involving “conscious pain and suffering”, future loss of earnings as the result of permanent injuries and future medical expenses. The spouse of the injured worker, in such cases, may also be entitled to a recovery in his/her own right for the harm caused by the injured spouse’s serious and permanent condition.

Worker’s compensation claims can be handled by lawyers or non-lawyers who are certified by the State of New York to do only that. As a result, most lawyers who handle worker’s compensation cases are quite specialized and do not typically have the experience and background to bring court cases on behalf of injured workers against responsible third parties.

It is important that, if you have been injured at work by reason of the fault of someone other than your employer, that you immediately contact a law firm with years of experience handling work related injury claims against third parties, such as Spiegel, Brown & Fichera, LLP. The attorneys at Spiegel, Brown and Fichera, LLP have the experience to see that your case is handled by a highly skilled worker’s compensation specialist for that part of your recovery; but, more importantly, can give your case the extensive time and attention to evaluating and securing a much more significant recovery against a third party, for all of your injuries, including pain and suffering which is not recoverable under the New York Worker’s Compensation laws.

A consultation as soon as possible after your work-related injury with the firm of Spiegel, Brown & Fichera, LLP is always without charge of any kind.

What To Do If You Are Injured At Work

If you are injured in your place of work, it is highly recommended that you seek the advice of legal counsel. The first thing you should do in any case is inform your company that an injury has been sustained. Make sure that the appropriate insurance forms have been released and printed so you can move forward with filing a personal injury claim. Any attorney that you wish to ask advice from should be located within your state of employment, because injury laws vary from state to state. When looking for an attorney, you should first look locally. Personal injury lawyers within the area should be your first call.

There are two main components to consider when looking into receiving worker’s compensation. The first is that the government requires that the injury in question took place at your place of employment and that there is proof that you are currently employed with that company. The second requirement is that you sustained the injury in question as a result of your employment with the company. It is important to keep in mind while filing any personal injury lawsuit that even if both of these requirements are met, it does ensure that worker’s compensation will be awarded to you.

After you evaluate whether the above requirements have been met, it is up to you and your lawyer to determine if the case is worth bringing to trial. This will depend on such factors such as individual state laws and regulations. If you have been the victim of a work related injury, you should seek the services and advice of a worker’s compensation or personal injury attorney within your state as soon as possible. Not seeking advice from an attorney in a timely manner could result in not receiving a settlement at all or prevent you from receiving the full benefits that you deserve.